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(영문) 의정부지방법원 2018.05.17 2018고단1026
특수협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2018, the Defendant was able to put the victim E ( South, 25 years old) who returned to his former female-friendly Gu D and the victim E (North, 25 years old) in the Gu-si B around 12:30 on February 10, 2018.

After that, the defendant shows an Aluminium luminium emission net (Evidence No. 1), which is a dangerous object, and "value shall be incidental."

Governance is followed by the parliamentary government.

“Story” and “Story.”

Accordingly, the defendant threatened the victim by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Seized articles, photographs and letters sent by the victim;

1. Photographs that persons under consideration are boarding a vehicle with a view to camping nets;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of the seized evidence;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. One month to seven years from imprisonment with prison labor within the applicable range of punishment by law; and

2. The scope of recommended punishment [the types of decisions] in accordance with the sentencing guidelines and the basic area [the scope of recommended punishment] of the types 4 (Habitual, Cumulative, Cumulative, and Special Intimidation) [the scope of recommended punishment] of the basic area [the scope of recommended punishment] from six months to one year and six months.

3. The method and form of the instant crime, risks, the criminal records of the Defendant’s like the instant crime, etc., of which punishment is to be pronounced, are not minor.

However, the defendant is generally aware of his fault and reflects his fault.

The detention of a defendant is likely to involve excessive difficulties for his/her dependents.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime, and the execution of the punishment shall be suspended.

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